Attorney General Ken Paxton (R-TX) praised a Thursday decision by Texas’s 15th Court of Appeals that temporarily blocks San Antonio from funding out-of-state abortion travel with taxpayer dollars.
The case concerns an ordinance the San Antonio City Council passed that allocated $100,000 to the city’s Reproductive Justice Health Care Fund in support of out-of-state abortion travel.
Paxton sued San Antonio in April, arguing the city had no legal authority to use taxpayer funds for a purpose that violated the state’s anti-abortion laws. The city also violated the Texas Constitution’s gift clause, which prohibits the misuse of public funds for private purposes.
The appellate court agreed with Paxton’s argument in its decision, which supersedes a trial court’s order that dismissed Paxton’s lawsuit.
“We conclude that the State met its burden to show that temporary relief is warranted,” the three-judge panel wrote. “Although we make no definitive statement about the merits, the State has raised serious doubt about the constitutionality of the proposed Fund distribution and the trial court’s determination that the matter is unripe.”
Last year, San Antonio’s Reproductive Justice Fund distributed $500,000 to nongovernmental organizations that provide San Antonio residents with doula training, testing for sexually transmitted infections, contraception, and reproductive health workshops, among other services. This amount did not go toward abortion-related travel outside of Texas.
That’s when an additional $100,000 in taxpayer funds was approved by the San Antonio City Council. The allotment funds “downstream reproductive and sexual healthcare services,” which include out-of-state abortion travel for residents.
The fund must be paused as the case proceeds through the courts, per the new decision.
The city attorney’s office said it was “disappointed” by the ruling.
“The City is disappointed with the Fifteenth Court of Appeals’ decision yesterday and its broad prohibition. It is unprecedented in nature and the City is exploring its options,” a statement from the office read.
Thursday’s decision marks a victory for Texas’s anti-abortion values, which Paxton said he is committed to upholding.
“Under absolutely no circumstances should any Texas city be funding out-of-state abortion travel, and I will continue to work tirelessly to end this cruel, unlawful, and morally bankrupt program,” the Republican attorney general said in a statement Friday morning.
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“Forcing Texas taxpayers to subsidize abortion tourism is a profound insult to our state’s pro-life values and our laws protecting the unborn,” he added. “As we fight to shut down this program permanently, I’m grateful that the court has moved to stop the implementation of this illegal, radical policy.”
Paxton sued Austin in September 2024 for establishing a similar program designed to allocate $400,000 in public funds for abortion-related travel. That lawsuit is ongoing.